A.
Unless the context clearly indicates to the contrary, reference made
to a section, to a part of a section or to a subsection of a part
of a section is to such section, part or subsection of these regulations.
B.
Words and terms not specifically defined herein shall be the definition
provided, if any, in the State Building Code, as amended from time
to time. If no definition is provided in the State Building Code,
then such word or term shall have the definition provided in the Merriam-Webster's
Collegiate Dictionary, 11th or most current edition. A copy of the
State Building Code is available for inspection in the office of the
Building Inspection of the Town of Southport.
C.
All words used in the present tense shall include the future tense.
All words in plural number shall include the singular, unless the
natural construction of the wording indicates otherwise. The terms
"building" and "structure" include any part thereof. The word "land"
includes all ground within the Town of Southport, including surface
water bodies overlying such ground. The word "he" includes "she" or
"they." Unless otherwise specified, all distances shall be measured
horizontally.
D.
The word "shall" is used in its mandatory sense. The word "may" is
permissive.
E.
The word "Town" means the Town of Southport. The term "Town Board"
means the Town Board of the Town of Southport; the term "Zoning Board
of Appeals" means the Zoning Board of Appeals of the Town of Southport;
and the term "Planning Board" means the Planning Board of the Town
of Southport.
F.
The word "state" or the abbreviation "NYS" shall refer to New York
State.
G.
The word "county" shall refer to Chemung County, New York.
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
Any person, firm, corporation, partnership or association
who shall lay out for the purpose of sale or development any subdivision,
or part thereof, as defined herein.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, bodies of water,
boundary lines of the Town, or by any combination of the above.
The Planning Board of the Town of Southport.
An individual, partnership, LLC or corporation who obtains
a building permit for construction of a structure or structures on
lots within the proposed development.
A sewage system or water supply system designed to serve
more than one dwelling unit or building, not including the use of
a single well or disposal system for two dwellings on the same parcel
of land. See "on-site sewage or water supply."
The approval by the Town Planning Board of a final plat subject
to conditions set forth in a resolution. Such conditional approval
does not qualify a final plat for recording in the office of the Chemung
County Clerk nor does it provide authorization for the issuance of
building permits.
An agent acting for the applicant to construct the required
improvements of the project. The contractor shall be responsible to
perform the work in conformance with these requirements.
The professional engineer, architect, landscape architect
or land surveyor, licensed in New York State, retained by the applicant
to prepare the required plans and supervise the construction of the
project.
A defined private access from an individual lot to a public
or approved private right-of-way.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public or private purpose, and
within which the lessee or owner of the property shall not erect any
permanent structure, but shall have the right to make any other use
of the land which is not inconsistent with the rights of the grantee.
The signing of a plat in final form by the duly authorized
officer of the Planning Board pursuant to a resolution granting final
approval to the plat and after conditions specified in a resolution
granting conditional approval of the plat are complete. Such final
approval shall qualify the plat for recording in the office of the
County Clerk.
The final map, drawing or chart upon which the applicant's
plan of subdivision is presented to the Planning Board for approval
and which, if approved, will be submitted to the County Clerk for
recording.
A plan showing all present and proposed grades for stormwater
drainage, together with existing grades of land and proposed finished
grades of the project.
Those physical additions and changes to the land that may
be necessary to produce functional lots, including but not limited
to grading, paving, curbing, fire hydrants, water mains, sanitary
sewers and drains, sidewalks, pedestrian access walkways and required
plantings which may or may not be offered for dedication.
That portion of the preserved land in a subdivision designed
and developed with permanent facilities for recreation use in accordance
with a plan approved by the Planning Board.
A tract or parcel of land held in single or joint ownership,
not necessarily shown on a duly recorded map, which is occupied or
capable of being occupied by buildings, structures, and accessory
buildings, including such open spaces as are arranged, designed or
required. The term "lot" shall also mean parcel, plot, site or any
similar term.
Relocation of a lot line for two or more lots and which does
not create any new lots or result in the ability for lots to be subdivided.
The term "lot line adjustment" shall also mean resubdivision.
Any sewage system designed to treat sewage by subsurface
means or to provide water from a drilled well or spring, within the
boundaries of an individual lot. See "central sewage disposal or water
supply" for further information.
Any parcel of land which has a total area which exceeds the
minimum requirements of the Zoning Law[1] and for which there exists the legal possibility of subdivision
or resubdivision. The parcel of land which is being proposed to be
subdivided by the owner, developer, and/or applicant.
A drawing prepared in the manner set forth herein showing
the layout of a proposed subdivision, including but not restricted
to road and lot layout, with approximate dimensions, location, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles, at a suitable scale and in such detail as specified
in these regulations.
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat, but subject to approval of the plat in
final form in accordance with the provisions of these regulations.
Revision of all or part of an existing filed plat including
consolidation of lots and/or the alteration of previously approved
lot boundaries.
State (New York) Environmental Quality Review Act.
An optional rough sketch of a proposed subdivision which
indicates generally the proposed layout, contours, street and lot
locations, future proposed development of surrounding area owned or
controlled by the applicant and existing utilities and drainage.
A way for vehicular traffic or a public thoroughfare recognized
or intended to be recognized as such by the Department of Public Works.
PUBLIC STREETA street owned and maintained by the Town.
MAJOR STREET, ARTERIAL STREET OR ARTERIAL HIGHWAYA street carrying or designed to carry fast or heavy traffic or a recognized part of a through route.
COLLECTOR STREET or FEEDER STREETA street which carries traffic from minor to major streets, or vice versa, including the principal entrance streets of a residential development and streets for circulation within such development.
MINOR STREETA street used primarily for access to the abutting properties.
MARGINAL ACCESS STREETA residential or nonresidential street parallel and adjacent to a major thoroughfare and which provides access to abutting properties with protection from through traffic.
ALLEYA minor way used primarily for vehicular service to the back or side of properties otherwise abutting on a street.
DEAD-END STREET, CUL-DE-SAC or LOOP STREETA residential street with one end open for public vehicles and pedestrian access and the other end terminating in a vehicular turnaround.
Those trees within 20 feet of the road right-of-way.
Same as "applicant."
The division of any parcel of land, regardless of use, into
two or more lots, plots, blocks, sites or parcels, with or without
the creation of new roads, and shall include any change of existing
property lines or of property lines shown on a plat recorded in the
office of the County Clerk.
MINOR SUBDIVISIONA minor subdivision shall consist of the subdivision of four lots or less, as long as such subdivision does not require the creation or extension of a Town road, or the extension of Town water and/or sewer services.
MAJOR SUBDIVISIONA major subdivision shall consist of either the subdivision of five lots or more; or the subdivision of land into any number of lots which involves the creation or the extension of a Town road, or the extension of Town water and/or sewer services. A proposed subdivision involving the further division of a parcel previously approved as part of a minor subdivision shall be considered a major subdivision if submitted to the Planning Board for approval within a period of three years from the date of the pervious minor subdivision approval, unless the applicant can demonstrate to the satisfaction of the Planning Board, by means of a sketch plan indicating the layout of the entire tract, that such further subdivision will not adversely affect the development of the remainder of the parcel or adjacent properties.
The duly elected Town Superintendent of Highways or such
other person as the Town Board may determine.
Town of Southport, Chemung County, New York.
The New York State Town Law that governs the operation of
all towns within the State.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations, including intermittent streams but excepting drainage
ditches, swales or diversion terraces.
Wetlands as mapped by the New York State Department of Conservation
(DEC), the United States Army Corps of Engineers, or the United States
Fish and Wildlife Service, including surface water.
